R.N. Mittal, President—This appeal has been field by M/s Oriental Insurance Company, defendant against the order of the District Forum dated 25th May, 1990. They were directed by that order to pay Rs. 49,400/- with interest at the rate of 15% per annum from 1. 3. 84 till the date of payment within one month from the date of the order.

2. Briefly, the facts are that Sh. Lekh Raj Dang complainant financed the Micro-Mini Bus No. DEP-3740. The bus burnt resulting in total loss. The complainant claimed the amount from the Insurance Company but it was not paid by the Insurance Company on the ground that he did not have insurable interest in the vehicle. He filed a suit for declaration in the Civil Court which was decreed against the Insurance Company. It is alleged that inspite of that decree the Insurance Company did not make the payment of the claim. Consequently, he filed the present complaint.

3. The complaint was opposed by the Insurance Company. It was inter alia pleaded by them that the complainant was not entitled to any amount as he had no insurable interest in the vehicle, that he filed a suit for mere declaration whereas he could have filed a suit for the value of the veh